​TERMS OF USE: montesanford.com
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This Website is owned, operated, and managed by:​ Monte P Sanford PhD, LLC (hereinafter: "MPSLLC"). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors [description of what is offered on your website]. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.​​​
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Copyright Ownership
This Website contains material owned and/or licensed by Monte Sanford and/or MPSLLC. Except where explicitly authorized, or as otherwise permitted under law, material from this Website may NOT be copied, reproduced, republished, reposted, transmitted, or publicly displayed or distributed in any way.
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Restrictions on Use
The following terms and conditions shall govern all use of the montesanford.com website, as well as all content, products, and services available at or through the montesanford.com website (hereinafter collectively referred to as “Website”). The Website is owned and operated by MPSLLC. The Website is offered subject to your acceptance without modification of any and all terms and conditions contained herein and all other operating rules, policies (including Privacy Policy provided herein), and procedures that may be revised and/or published on occasion on the Website by MPSLLC (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use its services. If these terms and conditions are considered an offer by MPSLLC, acceptance is expressly limited to these terms. If you, as the user of the Website, are under 18 years old and require parental permission to use the Website and associated services, please inquire with your parent(s) as applicable. In order to use this Website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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1. Services. By signing up for a Services account (which may include Subscription, Membership, or making a donation or other payment), you agree to pay MPSLLC the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. MPSLLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to MPSLLC. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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2. Payment and Renewal. (a) Services or Donation Account. By selecting a product or service, you agree to pay MPSLLC the one-time, monthly, or annual subscription or donation fees indicated (additional payment terms may be included in other communications). Subscription or donation payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. (b) Automatic Renewal. Unless you notify MPSLLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to MPSLLC in writing. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
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3. Intellectual Property Rights, Copyrights, Trademarks, Service Marks, Logos, DMCA Policy, etc. (a) MPSLLC takes intellectual property rights, copyrights, trademarks, service marks, and similarly protected rights of content very seriously. Pursuant to this Agreement, users of the Website shall not infringe upon MPSLLC’ intellectual property rights, copyrights, trademarks or service marks, logos, and any other similar protected content.
(b) If you believe that material located on or linked to montesanford.com violates any such intellectual property rights, copyrights, trademarks, and the like, you are encouraged to notify MPSLLC in accordance with the Digital Millennium Copyright Act of 1998, associated policies and amendments, or other applicable laws governing content in the United States of America. MPSLLC will respond to all such notices, including as required or appropriate by removing any potential infringing material or disabling all links to the infringing material. MPSLLC will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights, trademarks, intellectual property rights, or other similar rights of MPSLLC or others. In the case of such termination, MPSLLC will have no obligation to provide a refund of any amounts previously paid to MPSLLC.
(c) This Agreement does not transfer to you any of MPSLLC’ intellectual property, copyright, trademarks, service marks, or other similarly protected rights and interests that are found on the Website, other internet sources, or any other platform where our products and services are provided. All right, title and interest in and to such property will remain solely with MPSLLC or with MPSLLC’ licensors. Your use of the Website grants you no right or license to reproduce or use any content produced and/or sold by MPSLLC.
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4. Responsibility of Website Users. (a) MPSLLC disclaims any responsibility for any harm resulting from your use of the Website, or from any downloading or copying of content there posted. Users of the Website expressly agree not to infringe upon protected rights under Paragraph 2 of this Agreement.
(b) If MPSLLC creates any sort of forum or user blog option, whereby Members or Subscribers may post content on the Website and interact with other users by posting content of any form (hereinafter “Content), it is expressly agreed that MPSLLC cannot and will not review all of such content and material, and therefore cannot be responsible for such the use and effects of such content or material. By operating the Website, MPSLLC does not represent or imply that it endorses the user-posted Content and material there posted on the Website or that it believes such material to be accurate, useful or non-harmful. You, the user of the Website, are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material or Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. If such material is brought to the attention of MPSLLC in writing, we will strive to take necessary steps to remove such Content or otherwise deal with the situation effectively. (c) If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (Content), you are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
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The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
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Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
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You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MPSLLC or otherwise.
By submitting Content to MPSLLC for inclusion on the Website, you grant to MPSLLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, MPSLLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MPSLLC has the right (though not the obligation) to, in MPSLLC’ sole discretion (i) refuse or remove any content that, in MPSLLC’s reasonable opinion, violates any MPSLLC’ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MPSLLC’ sole discretion. MPSLLC will have no obligation to provide a refund of any amounts previously paid. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the MPSLLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which montesanford.com links, and that link to montesanford.com. MPSLLC does not have any control over those non- MPSLLC websites and webpages, and is not responsible for their contents or their use. By linking to a non- MPSLLC website or webpage, MPSLLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MPSLLC disclaims any responsibility for any harm resulting from your use of non- MPSLLC websites and webpages.
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6. Your Blog/Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MPSLLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause liability to MPSLLC. You must immediately notify MPSLLC of any unauthorized uses of your blog, your account or any other breaches of security. MPSLLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
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7. Advertisements. MPSLLC reserves the right to display advertisements on your any element of the website unless you have purchased an ad-free account.
8. Attribution. MPSLLC reserves the right to display attribution links.
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9. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
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10. Promotional Emails and Content. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
11. Changes. MPSLLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MPSLLC may also, at any future time, offer new services, products, or features through the Website. Such new products, services, or features shall be subject to the terms and conditions of this Agreement.
12. Termination. MPSLLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your montesanford.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid Services account (i.e., Subscription or Membership), such account can only be terminated by MPSLLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, MPSLLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties. The Website is provided "as is". MPSLLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, tness for a particular purpose and non-infringement. Neither MPSLLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
14. Limitation of Liability. In no event will MPSLLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MPSLLC under this Agreement during the twelve (12) month period prior to the cause of action. MPSLLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. To the maximum extent permitted by applicable law, in no event shall MPSLLC or any of its managers, directors or employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. Moreover, to the maximum extent permitted by applicable law, MPSLLC and its manager, directors and employees and assigns assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the MPSLLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
16. Indemnification. You agree to indemnify, defend, and hold harmless MPSLLC, its managers, directors, employees, associates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney fees and litigation costs, arising out of your use of the Website or use of any other MPSLLC products and services, including but not limited to your violation of this Agreement.
17. Miscellaneous. This Agreement constitutes the entire Agreement between MPSLLC and you concerning the subject matter hereof, and it may only be modified either by a written amendment signed by an authorized executive of MPSLLC or by MPSLLC posting a revised version of the Agreement on the Website. Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the State of Idaho in the United States of America, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state or federal courts located in the State of Idaho, United States of America. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Idaho USA in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MPSLLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefut of the parties, their successors and permitted assigns.